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People of the Year
Heroic Parents Son’s tragedy inspired
Carey family to fight for a whole community
By Caitlin Nitz / Illustration by
Steve Ponzo
Every family within the autistic
spectrum faces its share of heartache, hardship and sometimes even
tragedy. For Michael and Lisa Carey, it is not the tragedies they
have endured that define who they are. It was not the death of their
autistic son Jonathan that propelled them into the media or earned
them Spectrum’s title of People of the Year. Rather, it is their
unwavering dedication to their beliefs that earns them such
recognition.
In February of 2007, 13-year-old
Jonathan Carey died in the back of his school’s van after an
improper restraint. His aids, Edwin Tirado and Nadeem Mall continued
running errands for 90 minutes with Jonathan’s lifeless body in the
back of the car before returning to the state-run O.D. Heck
Development Center.
Even before Jonathan’s death, his
parents Michael and Lisa Carey were working with New York State
Assemblyman Harvey Weisenberg to enact change. Jonathan’s Law, which
was signed by Governor Eliot Spitzer in May, now grants families of
children and adults with mental disabilities greater access to
internal treatment records. The Careys were fighting for such
legislation after Jonathan was mistreated at the Anderson School in
Dutchess County, N.Y., in 2004. His records, which documented
continued neglect, were withheld from the family by the state.
In one year, the Carey family has
attended their son’s funeral, helped pass state legislation in his
name, started a foundation in his honor and attended the court
proceedings of the two men responsible for his death.
To Michael Smith, the northeast
regional director of the Foundation for Autism Information and
Research (FAIR) and also a father of an autistic child in the Albany
area, the Careys are heroes. “Most parents would have caved under
all the heartache and pressure. The Careys channeled this into a
mission to stop abuse,” he says.
At the end of 2007, the Carey
family has established itself as one of New York State’s leading
advocates for the rights of the developmentally disabled. With the
passage of Jonathan’s Law and Edwin Tirado and Nadeem Mall in
prison, it would be easy to say their work is finished. It would be
tempting for them to move on with their lives, but that is no longer
an option. They have closed their family-owned car dealership in
Delmar, N.Y., to turn it into the headquarters of the Jonathan Carey
Foundation and to become full-time advocates.
“Lisa and I believe strongly that
we are called by the Lord to be a part of rescuing and saving the
lives of vulnerable children,” says Michael Carey in an interview in
October. For over 10 years, the Careys have been involved in a
ministry called Hearts of the Father Outreach, which cares for
abandoned, abused and orphaned children in different parts of the
world. Lisa and Michael Carey have traveled to Mexico and different
parts of Africa to visit orphanages and raise awareness on how
churches especially can help kids in need.
Michael and Lisa, throughout their
hardships, have relied heavily upon their faith for strength. They
were quick to forgive the two men responsible for their child’s
death, and visions and dreams of Jonathan in heaven provide them
peace. “The media and public observed the grace which the Careys
displayed by forgiving the murderers,” comments Pastor Dave Gericke
of the Delmar Full Gospel Church where the Careys worship.
In spite of their forgiveness,
Michael and Lisa Carey still harbor great emotion and sadness over
the death of their son. At times, this emotion has exceeded the
comfort zone of some local politicians and the media. At the
sentencing of Edwin Tirado in December, the Careys gave what one
local news station called a “remarkable” set of victim impact
speeches in court. To State Supreme Court Justice Dan Lamont,
however, the Careys went “far, far beyond,” what the state deems
appropriate.
The judge refused to allow the
family to play a 13-minute video about their son at the sentencing
hearing. Along with admonishing Tirado, the Careys went on to
criticize his defense lawyer, Brian Donohue. Michael Carey told
Tirado, “sound and good legal counsel would have been: do the right
thing, acknowledge your guilt, accept your punishment and to
apologize to our family for what you have done.”
Lisa Carey said, “as a mother, I
plead with all my heart, that the court sentence Ed Tirado to the
maximum term for mercilessly crushing the life out of my son, and
for his hideously callous actions after he realized that Jonathan
was no longer breathing.” Tirado was indeed sentenced to the maximum
penalty of 5 to 15 years for manslaughter.
With the killer of the child behind
bars, the Careys are now armed with their son’s records from the
Anderson School that they obtained after the passage of Jonathan’s
Law.
The records reveal the systematic
refusal of Jonathan’s meals—an illegal behavioral modification
tactic they suspected after witnessing their son’s dramatic weight
loss and regression. The family is suing the Anderson School for
approximately $6 million but also believes that criminal charges
must now be brought against those responsible for Jonathan’s
mistreatment and the cover-up of his abuse. “Righteousness and
change must come forth as a result of what has happened to
Jonathan,” believes Michael Carey.
In this quest for righteousness,
the Careys are seemingly unafraid of alienating their supporters
with their zeal. This past November, Michael and Lisa began visiting
local district attorney’s offices, hoping to bring charges against
officials in the Anderson School abuse at the state’s Commission on
Quality Care (CQC), which monitors developmental facilities, and the
regulatory Office of Mental Retardation and Developmental
Disabilities (OMRDD).
Like the Careys, Michael Smith
believes these officials need to be brought to justice. “The New
York Commission on Quality Care is required to report cases of abuse
to the state police but failed to do so. These people belong in jail
cells or at minimum deserve to be fired,” he says.
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